Disposed

Chamman Yadav v. State of U.P. and 2 Others

Allahabad HC9 Apr 2018A482/11345/2018

Case brief

AI extract

What is this about?

The High Court disposed of an under-section 482 Cr.P.C. application without expressing an opinion on merits, directing the applicant to move the trial court to cancel the non-bailable warrant with relief to keep it in abeyance for four weeks.

What did the court decide?

Non-bailable warrant kept in abeyance for four weeks; applicant directed to move application to cancel warrant within three weeks.

Chamman Yadav Vs State of U.P. and 2 Others — Civil Procedure and Limitation | Allahabad HC (2018)

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Court No. - 49

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Case :- APPLICATION U/S 482 No. - 11345 of 2018

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Applicant :- Chamman Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rajesh Yadav,Yadvesh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the order dated 16.02.2018 passed by A.C.J.M.II, Varanasi in Case No. 163 of 2010, State Vs. Chamman Yadav under sections 420, 467, 468, 471 IPC as well as the entire proceedings pending in the Court of A.C.J.M.II, Varanasi.

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Learned counsel for the applicant submits that the applicant had earlier been enlarged on bail and also participated in the trial proceedings. However, owing to the circumstances and reasons beyond the control of the applicant, he could not appear on certain dates whereupon NBW have been issued against him and coercive measures are being adopted.

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Considered the submissions made by the learned counsel for the applicant and perused the impugned order as well as the other materials brought on record. Without expressing any opinion on the merits of the case, this application is disposed of with the following direction:

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(i) the applicant shall move an application to cancel the nonbailable warrant issued against him before the court below within three weeks from today along with the certified copy of this order;

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(ii) in that case the concerned court will exercise its discretion to pass appropriate order thereon to either recall the non bailable warrant issued against the applicant or to direct the applicant to file fresh bail bonds within a further period of one week , thereafter;

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(iii) for a period of four weeks from today, non-bailable warrant issued against the applicant shall be kept in abeyance.

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In the event of failure, on part of the applicant to act within time as directed above, the Court below may adopt all coercive

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measures to ensure his appearance.

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Order Date :- 9.4.2018

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Madhurima

Chamman Yadav v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Chamman Yadav v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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